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SpaceX CEO Elon Musk explains why Blue Origin’s Starship lawsuit makes no sense

The battle between NASA and Blue Origin over SpaceX's HLS Starship Moon lander continues. (SpaceX/Blue Origin)

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For the first time since SpaceX competitor Blue Origin took NASA to federal court after losing a Moon lander contract to Starship and a protest over that loss, unsealed documents have finally revealed the argument Jeff Bezos’ space startup is focusing on in court.

After the details broke in new court documents filed on Wednesday, SpaceX CEO Elon Musk weighed in on Twitter to offer his take on why the arguments Blue Origin has hinged its lawsuit on make very little sense.

While one seemingly significant portion of the main complaint claiming to reveal “additional substantial errors” in SpaceX’s Starship HLS proposal was almost fully redacted, most of the opening argument is legible. In short, Blue Origin appears to have abandoned the vast majority of arguments it threw about prior to suing NASA and the US government and is now almost exclusively hinging its case on the claim that SpaceX violated NASA’s procurement process by failing to account for a specific kind of prelaunch review before every HLS-related Starship launch.

For NASA’s HLS competition, SpaceX proposed to create a custom variant of Starship capable of serving as a single-stage-to-orbit crewed Moon lander with the help of the rest of the Starship fleet – including Super Heavy boosters, cargo/tanker Starships, and a depot or storage ship. SpaceX would begin a Moon landing campaign by launching a (likely heavily modified) depot Starship into a stable Earth orbit. Anywhere from 8 to 14 Starship tanker missions – each carrying around 100-150 tons of propellant – would then gradually fill that depot ship over the course of no more than six or so months. Once filled, an HLS lander would launch to orbit, refill its tanks from the depot ship, and make its way to an eccentric lunar orbit to rendezvous with NASA’s Orion spacecraft and three Artemis astronauts.

As Blue Origin has exhaustively reminded anyone within earshot for the last five months, SpaceX’s Starship Moon lander proposal is extremely complex and NASA is taking an undeniable risk (of delays, not for astronauts) by choosing SpaceX. Nevertheless, NASA’s Kathy Lueders and a source evaluation panel made it abundantly clear in public selection statement that SpaceX’s proposal was by far the most competent, offering far a far superior management approach and technical risk no worse than Blue Origin’s far smaller, drastically less capable lander.

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The bulk of Blue Origin’s argument appears to be that its National Team Lander proposal was drastically disadvantaged by the fact that SpaceX may or may not have incorrectly planned for just three ‘flight readiness reviews’ (FRRs) for each 16-launch HLS Starship mission. While heavily redacted, Blue Origin wants a judge to believe that contrary to the US Government Accountability Office’s (GAO) fair assessment that such a small issue is incredibly unlikely to have changed the competition’s outcome, it would have “been able to propose a substantially lower price” for its lander. To be clear, a flight readiness review is an admittedly important part of NASA’s safety culture, but it ultimately amounts to paperwork and doublechecks over the course of a day or two of meetings.

All else equal, the need to complete an FRR before a launch is incredibly unlikely to cause more than a few days of delays in a worst-case scenario and would have next to no cost impact. There is no reasonable way to argue that being allowed to complete some launches without an FRR would have singlehandedly allowed Blue Origin to “[engineer] and [propose] an entirely different architecture.” Nevertheless, that’s exactly what the company attempts to argue – that it would have radically and completely changed the design it spent more than half a billion dollars sketching out if it had only been able to skip a few reviews.

Curiously, Blue Origin nevertheless does make a few coherent and seemingly fact-based arguments in the document. Perhaps most notably, it claims that when NASA ultimately concluded that it didn’t have funds for even a single award (a known fact) and asked SpaceX – its first choice – to make slight contract modifications to make the financial side of things work, NASA consciously chose to waive the need for an FRR before every HLS Starship launch. Only via purported cost savings from those waived reviews, Blue Origin claims, was NASA able to afford SpaceX’s proposal – which, it’s worth noting, was more than twice as cheap as the next cheapest option (Blue Origin).

Ultimately, it thus appears that Blue Origin may have a case to make that NASA awarded SpaceX the HLS Option A contract despite a handful of errors that violated contracting rules and the HLS solicitation. Relative to just about any other possible issue, though, it’s hard not to perceive the problems Blue Origin may or may have correctly pointed out as anything more than marginal and extraordinarily unlikely to have changed the outcome in Blue’s favor had they been rectified before the award. Most importantly, even if Blue Origin’s argument is somehow received favorably and a judge orders NASA to overturn its SpaceX HLS award and reconsider all three proposals, it’s virtually inconceivable that even that best-case outcome would result in Blue Origin receiving a contract of any kind.

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Eric Ralph is Teslarati's senior spaceflight reporter and has been covering the industry in some capacity for almost half a decade, largely spurred in 2016 by a trip to Mexico to watch Elon Musk reveal SpaceX's plans for Mars in person. Aside from spreading interest and excitement about spaceflight far and wide, his primary goal is to cover humanity's ongoing efforts to expand beyond Earth to the Moon, Mars, and elsewhere.

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Investor's Corner

Tesla price target boost from its biggest bear is 95% below its current level

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Credit: Tesla China

Tesla stock (NASDAQ: TSLA) just got a price target boost from its biggest bear, Gordon Johnson of GLJ Research, who raised his expected trading level to one that is 95 percent lower than its current trading level.

Johnson pushed his Tesla price target from $19.05 to $25.28 on Wednesday, while maintaining the ‘Sell’ rating that has been present on the stock for a long time. GLJ has largely been recognized as the biggest skeptic of Elon Musk’s company, being particularly critical of the automotive side of things.

Tesla has routinely been called out by Johnson for negative delivery growth, what he calls “weakening demand,” and price cuts that have occurred in past years, all pointing to them as desperate measures to sell its cars.

Johnson has also said that Tesla is extremely overvalued and is too reliant on regulatory credits for profitability. Other analysts on the bullish side recognize Tesla as a company that is bigger than just its automotive side.

Many believe it is a leader in autonomous driving, like Dan Ives of Wedbush, who believes Tesla will have a widely successful 2026, especially if it can come through on its targets and schedules for Robotaxi and Cybercab.

Justifying the price target this week, Johnson said that the revised valuation is based on “reality rather than narrative.” Tesla has been noted by other analysts and financial experts as a stock that trades on narrative, something Johnson obviously disagrees with.

Dan Nathan, a notorious skeptic of the stock, turned bullish late last year, recognizing the company’s shares trade on “technicals and sentiment.” He said, “From a trading perspective, it looks very interesting.”

Tesla bear turns bullish for two reasons as stock continues boost

Johnson has remained very consistent with this sentiment regarding Tesla and his beliefs regarding its true valuation, and has never shied away from putting his true thoughts out there.

Tesla shares closed at $431.40 today, about 95 percent above where Johnson’s new price target lies.

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I subscribed to Tesla Full Self-Driving after four free months: here’s why

It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.

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Credit: Teslarati

I have been lucky enough to experience Tesla Full Self-Driving for the entire duration of my ownership experience for free — for four months, I have not had to pay for what I feel is the best semi-autonomous driving suite on the market.

Today, my free trial finally ran out, and I had two choices: I could go without it for a period until I felt like I absolutely needed it, or I could subscribe to it, pay $99 per month, and continue to experience the future of passenger transportation.

I chose the latter, here’s why.

Tesla Full Self-Driving Takes the Stress Out of Driving

There are a handful of driving situations that I don’t really enjoy, and I think we all have certain situations that we would just rather not encounter. This is not to say that I won’t ever experience them as someone who has driven a car for 15 years (it feels weird saying that).

I don’t love to drive in cities; I really don’t like driving on I-695 on my way to Baltimore, and I truly hate parallel parking. All three things I can do and have done, all three within the past few weeks, too.

However, if I can avoid them, I will, and Tesla Full Self-Driving does that for me.

Tesla Full Self-Driving Eliminates the Monotony

I drive to my alma mater, Penn State University, frequently in the Winter as I am a season ticket holder to Wrestling and have been for 16 years now.

The drive to State College is over two hours and over 100 miles in total, and the vast majority of it is boring as I travel on Rt 322, which is straight, and there is a lot of nature to look at on the way.

I am willing to let the car drive me on that ride, especially considering it is usually very low traffic, and the vast majority of it is spent on the highway.

The drive, along with several others, is simply a boring ride, where I’d much rather be looking out the windshield and windows at the mountains. I still pay attention, but having the car perform the turns and speed control makes the drive more enjoyable.

Tesla Full Self-Driving Makes Navigating Easier

Other than the local routes that I routinely travel and know like the back of my hand, I’ve really enjoyed Full Self-Driving’s ability to get me to places — specifically new ones — without me having to constantly check back at the Navigation.

Admittedly, I’ve had some qualms with the Nav, especially with some routing and the lack of ability to choose a specific route after starting a drive. For example, it takes a very interesting route to my local Supercharger, one that nobody local to my area would consider.

But there are many times I will go to a new palce and I’m not exactly sure where to go or how to get there. The Navigation, of course, helps with that. However, it is really a luxury to have my car do it for me.

To Conclude

There was no doubt in my mind that when my Full Self-Driving trial was up, I’d be subscribing. It was really a no-brainer. I am more than aware that Full Self-Driving is far from perfect, but it is, without any doubt, the best thing about my Tesla, to me.

It has been incredibly valuable to me, and that is what my main factor was in considering whether to subscribe or not. It has made driving much less stressful and much more enjoyable.

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Tesla Diner becomes latest target of gloom and doom narrative

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tesla diner
Credit: Tesla

The Tesla Diner has been subject to many points of criticism since its launch in mid-2025, and skeptics and disbelievers claim the company’s latest novel concept is on its way down, but there’s a lot of evidence to state that is not the case.

The piece cites anecdotal evidence like empty parking lots, more staff than customers during a December visit, removed novelty items, like Optimus robot popcorn service and certain menu items, the departure of celebrity chef Eric Greenspan in November 2025, slow service, high prices, and a shift in recent Google/Yelp reviews toward disappointment.

The piece frames this as part of broader Tesla struggles, including sales figures and Elon Musk’s polarizing image, calling it a failed branding exercise rather than a sustainable restaurant.

This narrative is overstated and sensationalized, and is a good representation of coverage on Tesla by today’s media.

Novelty Fade is Normal, Not Failure

Any hyped launch, especially a unique Tesla-branded destination blending dining, Supercharging, and a drive-in theater, naturally sees initial crowds taper off after the “Instagram effect” wears down.

Tesla makes major change at Supercharger Diner amid epic demand

This is common for experiential spots in Los Angeles, especially pop-up attractions or celebrity-backed venues. The article admits early success with massive lines and social media buzz, but treats the return to normal operations as “dying down.”

In reality, this stabilization is a healthy sign of transitioning from hype-driven traffic to steady patronage.

Actual Performance Metrics Contradict “Ghost Town” Claims

  • In Q4 2025, the Diner generated over $1 million in revenue, exceeding the average McDonald’s location
  • It sold over 30,000 burgers and 83,000 fries in that quarter alone. These figures indicate a strong ongoing business, especially for a single-location prototype focused on enhancing Supercharger experiences rather than competing as a mass-market chain

Conflicting On-the-Ground Reports

While the article, and other similar pieces, describe a half-full parking lot and sparse customers during specific off-peak visits, other recent accounts push back:

  • A January 2026 X post noted 50 of 80 Supercharger stalls were busy at 11 a.m., calling it “the busiest diner in Hollywood by close to an order of magnitude

  • Reddit discussions around the same time describe it as not empty when locals drive by regularly, with some calling the empty narrative “disingenuous anti-Tesla slop.”

Bottom Line

The Tesla Diner, admittedly, is not the nonstop circus it was at launch–that was never sustainable or intended. But, it’s far from “dying” or an “empty pit stop.”

It functions as a successful prototype: boosting Supercharger usage, generating solid revenue, and serving as a branded amenity in the high-traffic EV market of Los Angeles.

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